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Katieme · Mar 10, 2008, 11:55 PM

I rented a room and the roommate has been here a little over a month and I want to give her notice to vacate. Do I give her 30 or 60 days? It was rented on a month to month basis. She says that I have to pay her moving in costs and her moving out costs if I want her to leave. I do not have a problem with giving her back the security deposit.
I want to do it legally and correctly.I live in California.

LifePaparazzi · Mar 11, 2008, 01:49 AM

Without a written contract that binds you to allow her to stay for a given amount of time, you can boot her out. If you have nothing more then a month to month thing, you have to give her only 30 days, written notice.

Two things though. You must give it to her in writing. I would have it delivered via registered letter, so you have proof she got it. Also, DO NOT refund a security deposit until after she has totally moved out of the place.

Nice thing is, you don't really even have to give her a reason. I would simply state that you need the room for personal reasons. Leave it at that. One you have informed her to vacate, and she does not, you can simply call the law on her. You may or may not have to file an eviction notice. It depends on your county etc. Just call the police and they will tell you.

tickle · Mar 11, 2008, 04:31 AM

If she is paying month to month then you don't really have to give her 30 days notice, but for the sake of being easy to get along with, give her 30 days notice. Just give her back her security deposit. You don't have to pay her anything over and above that amount.

JudyKayTee · Mar 11, 2008, 06:32 AM

Originally Posted by Katieme

I rented a room and the roommate has been here a little over a month and I want to give her notice to vacate. Do I give her 30 or 60 days? It was rented on a month to month basis. She says that I have to pay her moving in costs and her moving out costs if I want her to leave. I do not have a problem with giving her back the security deposit.
I want to do it legally and correctly.

I find California a little bit complicated.

That being said if she is month to month you would give her 30 days but that's not just any 30 days, it's the rental cycle. For example, if she pays rent on the 1st you have to give her 30 days from the 1st, not 30 days from the 15th or some other date.

If you search "Express Evictions - California" you will find some really good info. Very thorough.

ScottGem · Mar 11, 2008, 07:46 AM

Not sure what tickle was thinking of but you do have to give her notice of one full rental period. It does not have to be sent registered mail, but you should get her to sign acknowledgement of receipt ot have a witness that you gave it to her.

If she does not leave by the specified date, then you have to start formal eviciton proceedings. Don't know where she's getting the idea that you need to pay her moving expenses.